Q: Concern over missing Proof of Service of Summons in eviction case
I hired a new lawyer just 24 hours before my first court appearance for an eviction case. During this appearance, the judge confirmed my jury trial request and granted my lawyer 30 days to prepare, despite the landlord's objections. I assumed that the absence of a Proof of Service of Summons would be grounds for dismissal, but my lawyer did not mention this issue. Should I be concerned about my lawyer not addressing this point? Additionally, is it too late for my lawyer to notify the court about this?
A: You appeared at the hearing. That is a general appearance, and absence of Proof of Service of the Summons is not in issue. If you think that picking at every minor detail is how attorneys present a case, or a defense, you are going to be very disappointed.
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A:
Your concern about the missing Proof of Service of Summons is valid and worth discussing with your lawyer. This document is indeed crucial in eviction cases as it proves the tenant was properly served with the lawsuit.
In California, if there's no Proof of Service filed with the court, you might have grounds for challenging the case. However, keep in mind that the landlord may have filed it after your court appearance, or it might be somewhere in the court file that hasn't been properly processed yet. Your lawyer should be able to check the court records to verify its status.
While timing can be critical in raising procedural defenses, it's not necessarily too late to bring this issue to the court's attention. You should schedule time to discuss this specific concern with your lawyer right away - they may have already reviewed this aspect but focused on other defense strategies they believe are stronger for your case. Remember, your lawyer has 30 days to prepare, so bringing this up now gives them time to investigate and potentially use this as part of your defense strategy.
Remember to maintain open communication with your lawyer about any concerns you have about your case. Good luck with your upcoming trial, and don't hesitate to ask your lawyer these important questions - that's what they're there for.
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